Blackhorse

[Hayley1210]

Hi there I am new to this so please accept my a pols if this is in wrong place.

 

My financial situation has changed drastically over the few months having given birth to a very poorly baby which has resulted in me not being able to return to work when expected.

 

I have written to my four creditors,

 

however blackhorse have ignored my requests for lower payments and frozen interst and charges.

 

I've now been referred to ascent dca who are ringing and writing constantly.

 

I have sent all correspondence I sent to blackhorse and they won't send a copy of my full agreement or accept my lower repayments with frozen interest.

 

In the meantime my debt is mounting,

 

can anyone help / advise is it worth me pursuing???

 

I feel like telling them to just take me to court very stressed

[Bazooka Boo]

Silly old black horse!

 

What is it? A loan, credit card, overdraft? How much roughly.

When was it taken out and how.

 

Ascent are a new(ish) DCA 3yrs old.

 

Ignore their calls, if they ring simply say 'In writing' laugh then hang up.

 

Who are the three other creditors?

What are these debts. and how old.

 

Blackhorse WILL stop the interest and they WILL accept your offer of payments.

 

When you say they won't send you a copy of your agreement, what is this account and when did you take it out?

[Hayley1210]

Oh thank you so much for a reply.

 

Ok,

from the start

 

I owe blackhorse 3500 personal loan (started 2009 borrowed 5500),

barclaycard 3200,

halifax od 4000 and

storecard 700.

 

I've negotiated with storecard for half payments with interest frozen for six months.

 

Barclaycard are dragging their feet, won't respond to my letters but ring me all day every day, even a Sunday from 8am only it's an automated man!

I'm not paying anything to this at present, am over my credit limit and being charged for this and late payme t fees even though

I've wrote to them three ti es now (copies kept, recorded delivery) explaining my hardship.

 

I've moved my banking from Halifax and set up basic account elsewhere and have offered Halifax 100 a month to clear od

but again the charge for this means only 30 is counting towards.

 

I wrote to blackhorse asking for copy of my original agreement and they sent me half of it,

I wanted sight of all t&c's I'm yet to receive.

 

Ascent now involved and say im not to contact bh at all and they say their client cannot freeze interest but may accept lower repay me ts.

 

Im contracted to pay 155 and have offered 70,

however each month around 88 interest is added on so what's the point in me breaking myself to pay out when probably only 10 or so will go towards debt.

 

Been negotiating now nearly two month I dont see any end,

but I've Got bigger problems with my baby and could really do with getting some resolutions in place.

 

Got a mortgage which is not in arrears

I'm mortgaged to the hilt though but still worrying about losing the house??

 

I don't know when I can return to my job.

 

If they go to court (which doesn't really bother me) and obtain ccj I'm worried about bailiffs it's all I can think about.

 

Are courts sympathetic to circumstances etc?

I feel that I really am a genuine can't pay and not a wont pay

Edited September 10, 2012 by Hayley1210

[Hayley1210]

I was wondering as well with regards to a ccj, can Interest still be added after the ccj? My blackhorse loan is interest added monthly on the outstanding balance so could blackhorse claim all this as well??? I don't know what I was thinking when thought it was a good idea taking this loan out!! I must have been thick

[dx100uk]

CCCS or payplan time me thinks

 

and get reclaiming PENALTY fees

 

dx

[Bazooka Boo]

OK, IMO, this is how I would deal with it if it were me,

 

Any of the accounts that are still adding interest and charges get the legal token payment of £1 a month, it is absolutely pointless in paying them anymore than that.

 

Unless they stop all fees charges and interest, then £1 a month it is, they are going to be cash cowing you for decades otherwise.

 

Blackhorse loan is only 3 years old so will be compliant in the paperwork department, pointless trying to go down that route anymore unfortunately.

 

For that I think you would be better coming to some kind of arrangement with them to pay a reduced amount until your circumstances improve, again fees charges and interest need to be frozen, have you sent them the hardship letter in the library (top left green writing?)

 

When was the sharklaycard taken out? Pre or post 2007?

Again, if they are still adding interest and charges, then it's £1 a month to them too, enter into their complaints procedure and exhaust it so you can escalate the complaint beyond their control.

 

Stop beating yourself up over this, we are all pretty much in the same boat nowadays.

 

Besides we have all of the power and knowledge on our side, why do you think DCA's such as Ascent resort to using psychological threats in their puerile letters? Because they know that we know they have NO LEGAL powers to do anything.

So ignore Ascent, your not dealing with them, deal direct with BH, they're the one responsible for failing to help you.

 

Bailiffs are a very long way off, you first have to go to court, the judge then has to award you a CCJ, and in doing so will take into account your income and expenditure, HE will come to a suitable figure for you to repay, and then IF you fail to pay toward the judgement they then have to go back to court and ONE of the options open to the judge, not the original creditor (OC) is to instruct 'county court certified bailiffs'.

 

Relax, there are plenty more hoops they need to jump through first.

And as DX says, get reclaiming all of those unfair penalty fees and charges.

[Hayley1210]

Bazooka Boo thank you so much for this valuable advice.

 

 

right, I have toughened up,

 

I sent letters yesterday to all my creditors with an income and expenditure form I got from national debt line

and have made a pro rata offer to them based upon my disposal income,

 

it's literally though £26 to each of blockhouse, barclaycard and Halifax and £3 to the storecard, not sure if they will accept this.

 

My offers are subject to interest, charges etc being frozen.

 

I've also sent in SAR request to all to the establish exactly what's charges, fees and arrears interest has been added in an attempt to claim this back.

 

I made all aware of my hardship at the beginning of June but all have continued to add charges except for the scorecard.

 

Could i ask just one more question re halifax od, it's currently used to the max £4000.

 

I've opened new account and have arranged for all income to go to new account.

 

Basically if Halifax don t agree to freeze charges for the od then I run into then £5 a day charge for being unarranged.

 

So do you think I should continue to pay in enough to pay the charges that are debited on the 1st month

and to keep it in the agreed overdraft or do t bother, be charged £5 a day with the option of trying to claiming fees back?

 

Hayley

Edited September 14, 2012 by Hayley1210

[dx100uk]

all very good great work

 

as for halifax and their od charges

 

i wonder if BCOBS can help you.

 

dx

[Hayley1210]

Got a letter yesterday from blackhorse letting me know they've reduced interest to 0.667 for six months, not really sure what this means and whether I should accept it. Being as I can only afford for £26 a month not sure whether the interest is still going to outweight what im paying? There was no mention of charges being frozen so I guess it's another letter to them on Monday

[Hayley1210]

Hi, just an update, I finally got blackhorse to freeze interest/charges for six months, great news!

However, after three recorded letters to barclycard (all signed for their end) I have still received no response other than constant telephone calls. Can anyonene advise on best way forward with this??? I've been on their website to make The offered payment but it won't allow me to make a lower payment than what is due

 

Thank you.... Hayley

[BRIGADIER2JCS]

Who are you addresing these letters to at Braclays?

[Hayley1210]

I've received two letters from them so have sent mine in response to those and a third letter with my budget sheet enclosed. To the address at top of their letters.

[dx100uk]

Hi, Can anyonene advise on best way forward with this??? I've been on their website to make The offered payment but it won't allow me to make a lower payment than what is due

 

Thank you.... Hayley

 

pay by YOUR internet banking site

they cannot refuse it that way.

 

and write and TELL them thats all they'll get.

 

dont 'offer'

 

its YOUR money - take control.

 

dx

[Hayley1210]

Thanks again Dx, I had completely forgot I could pay by SO rathr than DD

[Hayley1210]

hello again, I wonder if I could update and see what best way forward might be.

 

Blackhorse have agreed to freeze interest for six months, but still no mention of charges

 

A further letter sent asking for confirmation, I'm just awaiting copy agreement and t&c's before payments commence.

 

Not heard from barclaycard at all, though they have received my letters, and have even banked the £10 SAR although nothing received as yet,

interest/charges continue to be added monthly and the debt in mounting fast.

Despite no contact I've set up standing order for the offered amount which starts 1 oct.

 

Next have not accepted my offer, but again I have set standing order up for this amount to start 1 oct, I am writing back to them explaining this is my offer in accordance with I&E form sent in which my disposal income is distributed pro rata between my creditors.

 

The Halifax are also ignoring me and again monthly charges in excess of £100 are being debited from my current account which is no longer in use. Again a stading order is being paid to this account for my offered amount.

 

What I wanted to know more about is if I am referred to a DCA and ultimately to court for ccj,

will it go in my favour that I have been paying something to each creditor and tbat I've been honest and open from the start of this process,

there must be so many people who don't even bother dealing with their debt problems.

 

It all just seems so pointless though paying all of my disposal I have at the momemt when all the interest and charges far exceed this sum?

 

I was thinking one more letter to each, making it the third request, then if interest and charges are not frozen and an agreement reached,

I'll cut down the appropriate payments to £1 a month - but again would this be frowned upon by a judge as looking like I've spat my dummy out because I couldn't get my own way????

 

I'm really unfamiliar with the court procedure and another thing because my husband is a self employed driver it's hard for us to prove his income for court purposes we only have our own record books?

 

PS this site is amazing, I have sat for hours going through so many posts, and have learned soooo much! x

Edited September 29, 2012 by Hayley1210

[dx100uk]

no thats the right idea.

 

if they dont play ball drop them down

 

no judge will fault you.

 

get a few sra's off on those charging you

 

get reclaiming

 

dx

[Hayley1210]

Hello there, again,

I wonder if I could update for any advice.

 

Still having no luck with barclaycard who have for a 4th month since I sent in hardship letter added full interest and an array of charges (late payment and over limit fees).

 

I've wrote four times now, all of which were sent recorded and delivered and signed for except one,

but with that was sent an SAR cheque for £10 which has been banked (although nothing received as yet, but they are still in the timescale) therefore they've received all four letters.

 

I'm keeping an excellent record of everything sent and received, together with all recorded signed for delivery receipts.

 

I've heard nothing back in response to my letters but have received what I presume are standard computer generated letters threatening a referral to dca which will incur more costs.

 

Ive started the payment by standing order of what I offered

but I really don't know what to do next with this?

 

it seems Barclaycard are just milking every bit of cash out of the account that they can.

 

Shall I reduce the amount to £1 or keep paying what I've offered,

and just sit it out or is there anything e,else I should be doing?

[brokebutnotbeatn]

Barclaycard can be dealt with with a phone call; that call should enmable you to get the charges refunded. Explain you are so stressed and upset and wonder if you should now formally complain 'what do they think'. Blackhorse will ignore you but sell on to a debt collector but will log your payments.

[Bazooka Boo]

I certainly wouldn't entertain them over the phone, keep EVERYTHING in writing. Unless you can record your calls they will simply deny speaking to you on the phone.

 

Yes reduce your payments to £1 a month, this is because they believe they can continue adding charges and interest.

 

It appears they are defo milking you for all they can get, so £1 a month will make them realise they are not in control.

 

Do you know the amount you physically owe, without the charges and interest?

 

Sharklaycard will pass this to a tame DCA who you can ignore, just maintain your £1 a month standing order to sharklays and if they ever get round to issuing a summons (unlikely!) then they will have a very very hard time convincing the judge that you should pay more whilst they are inflating the figure with reclaimable fees and charges.

[brokebutnotbeatn]

Normally I would agree, stay off the phone, but BC are easy to deal with on the phone; of course you should insist in writing to confirm any convo had. BC are concerned that they are painted in a bad picture so if you start the call explaining how stressed and upset you are by their treatment of you etc this should elicit the desired results.

[Hayley1210]

I have received today my SAR documents from B/C.

 

I can't upload the document but could I explain what my agreement looks like for any advice.

 

It's one sheet of paper with 'Simply complete and return offer close date 31st October 2002' written across it,

my name, address in address section only from when it was sent,

my home humber, my bank account details, sort code, acc no, my salary, my signature at the bottom dated 9.8.2002,

 

then a box that is completely unreadable but headed credit agreement regulated by consumer credit act 1974.

 

Barclaycard have not signed this agreement.

 

Not really sure where to go on this anymore or if the is anything frther I can go.

 

Mercers have now been in touch, have refused my offer and interest and charges still being added

but I have started the offered payment direct to barclaycard by SO

[Bazooka Boo]

Mercers or Sharklaycard which who they really are are the ones in the wrong, you have made a perfectly reasonable offer of payment, and they have foolishly refused it, which they cannot do!

 

The only thing you ever need to pay now is £1 a month, this is because they have refused your offer and are still adding interest and fees, drop your offer to £1 a month, pay no more!

 

Is this on your credit file?

 

Have a read of BCOBS.

[Hayley1210]

Hello again, just to update.

 

Regarding the blackhorse side of things,

 

the matter had been referred to DCA Ascent.

 

I have had letters bouncing too and from since august,

had agreed to a repayment plan to commence once cca received,

and blackhorse had agreed to freeze interest for six months.

 

Result I thought.

 

Only since this, i have been chasing my cca and t&c's (two letters sent) but these have not been forthcoming.

 

I have made it clear that until the cca and t&c's are received, £1 is all I can pay. T

 

his was first requested in august, with two reminders sent since.

 

Ascent told me back in august that they had requested these docs from their client and further letters were replied to saying they eill chase their client up.

 

Today,

i have emailed ascent to enquire once again whether these documents had been sent out and immediately my mobile rang with a withheld number which I did not answer.

 

A voicemail was left from ascent saying that they had received instructions from their letter client not to email me or write to me anymore

and if I wanted to discuss it to please ring ascent on this number.

 

I really don't know what to do now.

 

They won't write or email and I wont speak on phone!! No contact!!

 

I don't feel like I've broken any arrangement as i did make it clear £1 would be paid until the documents I wanted are received, but does it sound like ascent have been sacked???

 

I'm worried I may have to start the whole process again with another dca.

 

Hayley

[Bazooka Boo]

In that case then stop all payment and correspondence send whoever is the latest fool to chase this dubious account this http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Simply paying them £1 a month and continuing to yank their tail will only result in them conning you out of money. Send that, stop paying, and correspondence until they supply what you requested.

How old is this? When did you take the agreement out?

[Hayley1210]

Will get this letter sent off today thanks BB.

 

The agreement was taken out in 07/2008, I have previously received an unreadable copy of the cca a year or so ago, but it clearly states page 1 of 2 at the bottom.

 

I can't keep affording to send letter after letter, at £1.80 a time recorded it's not cheap. I'll continue with the £1 a month and see if I get a response to this letter